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HomeMy WebLinkAboutR-86-0098s J-86-155 RESOLUTION NO. 8 6 - 9 R i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED BETWEEN THE CITY OF MIAMI AND GLADYS KIDD & ASSOCIATES, INC./NIKKI BEARE & ASSOCIATES, INC., A JOINT VENTURE OF TWO FLORIDA CORPORATIONS, AT A COST NOT TO EXCEED $115,500 FOR PROFESSIONAL PUBLIC RELATIONS/MARKETING SERVICES FOR THE PHASE I PORTION OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT i WHEREAS, the City Commission by Resolution No. 82-755 y approved in principle the Southeast Overtown/Park West Community Redevelopment Plan (Resolution No. 82-755); and WHEREAS, private development proposals for Phase I of the 1 Southeast Overtown/Park West Redevelopment Project have been reviewed and recommended to the City Commission; and WHEREAS, these recommended private development proposals call for a substantial amount of housing units to be created during the next six to eight years within the project area; and i WHEREAS, the successful implementation of Phase I proposals is dependent upon the creation of strong interest in renting and purchasing of Phase I housing through the promotion of downtown Miami and the project area as a desirable place to live; and WHEREAS, the pace at which development will occur within the Southeast Overtown/Park West Redevelopment Project Area beyond Phase I is also highly dependent upon the effective promotion of this area as a desired development location F9K7c,oT,,,A, fl��;;;DN t FED n 19886 ION JR6 - 99 a WHEREAS, the City Commission authorized the City Manager to prepare and issue a Request For Proposal for marketing and promotional services and allocated $60,000 from FY 84-85 S.E. Overtown/Park West Redevelopment Project budgeted funds (R-85- 397); and WHEREAS, a Consultant Selection Review Committee was appointed by the City Manager to review all submissions responding to the RFP ; and WHEREAS, the Review Committee received presentations from the proposers and selected the Hank Meyer & Associates/Bob Simms & Associates and Gladys Kidd & Associates/Nikki Beare and Associates as the two most qualified proposers; and WHEREAS, the City Commission, by Resolution 85-1217 selected Gladys Kidd & Associates to be the consultants for the Phase I portion of the Southeast Overtown/Park West Redevelopment Project and allocated an amount not to exceed $60,000 from FY 85- 86 funds to be combined with $60,000 from previously allocated 1984-85 funds for an amount not to exceed $120,000; NOW,THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby authorizes the City manager to execute a contract in substantially the form attached between the City of Miami and Gladys Kidd & Associates, Inc./Nikki Beare & Associates, Inc. 86'W9$ -2- PASSED OF FEBRUARY ATTEST: i 11 AND ADOPTED , 1986. PREPARED AND APPROVED BY: APPROVED ie : ORM AND CORRECTNESS BY: t.6 THIS t it-h DAY 66 - k) 5 -3- I It CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Li 32 TO. Honorable Mayor and Members DATE: FEB 6 1986 FILE: of the City Commission SUBJECT RESOLUTION AUTHORIZING THE EXECUTION OF THE KIDD/BEARE CONTRACT FROM: Cesar H. Odi o REFERENCES: February 13, 1986 City Manager Commission Agenda ENCLOSURES. It is recommended that the City Commission approve the attached Resolution authorizing the City Manager to execute a contract in substantially the form attached between the City of Miami and Gladys Kidd & Associates, Inc./Nikki Beare & Associates, Inc. as the Consultants for public relations/marketing services for the Southeast Overtown/Park West Project. On December 19, 1985, the City Commission, by Resolution No. 85-1217, selected Gladys Kidd & Associates, Inc./Nikki Beare & Associates, Inc. as the Public Relations/Marketing Consultant for the Phase I portion of the Southeast Overtown/Park West ,Redevelopment Project. As part of Resolution 85-1217, the City Commission instructed the City manager to negotiate a contract with the consultant which was "to be submitted to the City Commission for approval prior to the execution thereof." The importance of the public relations/marketing plan for the Southeast Overtown/Park West Redevelopment Project can not be overstated. This is the largest redevelopment project ever undertaken in the State of Florida. For the project to be successful, residents must be attracted to the area, adjacent private sector development must be initiated and the overall image of downtown improved. The $115,500 Professional Public Relations/Marketing services contract contains a scope of services which addresses all of these issues and challenges the consultant and the City to see that the Public Relations/Marketing needs of the Redevelopment project are effectively met. Attachment vS6"!ait PRf.:SSIONAL SERVICES AGREENIW DRAFT i This Agreement is entered into this day of , 1986, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and Gladys Kidd & Associates, Inc./Nikki Beare & Associates, Inc, a joint venture of I-wo Florida corporations, hereinafter referred to as "CONSULTANT". R E C I T A L S: WHEREAS, the CITY is desirous of securing professional marketing/public relations services for the Phase I portion of the Southeast Overtown/Park West Community Redevelopment Project, hereinafter referred to as "PROJECT", which might- be rendered by the CONSULTANT; and WHEREAS, the CONSULTANT holds the academic and professional qualifications required for these services; and WHEREAS, the CONSULTANT is capable and desirous of perform- ing such services and other allied tasks as might be desired by the CITY: NOW, THEREFORE, in consideration of the mutual covenants and j obligations herein contained, and subject to the terms and condi- tions hereinafter stated, the parties hereto understand and agree i as follows: I. TERM The term of this Agreement shall be from February 15, 1986 through January 15, 1987. II. SCOPE OF SERVICES A. The CONSULTANT shall be under the general supervision of the Deputy Director of the Department of Development and under the direct supervision of the Principal Economic Analyst. B. In assisting the City with Public Relations/Marketing services for the PROJECT, the CONSULTANT shall undertake the following activities: l.Th a CONSULTANT shall be responsible for the updating/revising of the PROJECT information kits and the PROJECT's three -carousel slide show on a regular basis, as needed. is 66 . o s LTANT shall be responsibfor the 2. The CC9J f preparation and distribution of local, regional, and 1 national news releases and related articles pertaining specifically to the PROJECT and the promotion of , t downtown generally. News releases shall be written in Spanish when distributed to news medium that report information exclusively to Spanish speakng audiences (note Item 20 of this Section). 3. The CONSULTANT shall be responsible for the coordination of at least two press briefings pertaining to the status of the PROJECT. 4. The CONSULTANT shall prepare and distribute feature stories promoting the PROJECT and downtown generally for national and local business/real estate media. 5. The CONSULTANT shall prepare four, camera-ready i quarterly newsletters (artwork,copy,typesetting and mechanicals) maintaining current newsletter format. 6. The CONSULTANT shall secure a clipping service for the PROJECT. 7. The CONSULTANT shall periodically meet with developers to establish and maintain a coordinated marketing plan. S. The CONSULTANT shall schedule media interviews and i public presentations for the PROJECT staff and make i r presentations on behalf of the PROJECT when I appropriate. 9. The CONSULTANT shall develop and implement a Speakers Bureau promoting the PROJECT and set up information cards for speakers. 10. The CONSULTANT shall develop and implement an advertising campaign which promotes the PROJECT and downtown living in Miami. Placement of advertising should focus on reaching targeted markets, with strong local exposure including Metro -rail and other public transit systems. Ise .tofs 11. Th a C;ULTANT steal l design a locfor the Phase I i portion of the PROJECT. f 12. The CONSULTANT shall prepare a four color brochure with pockets (artwork, design, copy, typesetting and mechanicals). Inserts shall be developed that address targeted markets (see Item # 16 of this section for a listing of targeted markets). 13. The CONSULTANT shall design and construct a display to be transported to shopping centers, malls and Special events which promotes the Phase I portion of the PROJECT and downtown living generally. 14. The CONSULTANT shall develop and produce marketing specialities including bumper stickers,, key chains, buttons to be handed out at special events. 15. The CONSULTANT shall design and implement a direct mail campaign to targeted markets. 16. The CONSULTANT shall develop and maintain an up to date mailing list of target groups including: a. potential residents b. potential investors c. banks and other financial institutions d. Public officials e. professional and civic associations f. print and electronic media g. trade journals and in-house publications of large a civic center employers to initiate a direct mail and A paycheck stuffer campaign. 17. The CONSULTANT shall design and implement a survey of identified target markets to determine market penetration/project recognition. 18. The CONSULTANT shall refine and implement the conceptual ground breaking plan. 19. The CONSULTANT shall identify and establish a PROJECT presence at special events and activities that promote downtown generally. loss-os gwi- i 20. The.f.4SULTANT shall prepare anc nplement a i community relations program for the Project with special emphasis on the Black Archives, Overtown and Park West Communities. 21. The CONSULTANT shall submit to the CITY for review and approval all written materials and press releases prior to dissemination. In the event that the urgency of the matter prohibits the written transmittal of said information, a telephone review of the materials will suffice provided however it is followed by a written transmittal of the information. C. The CITY agrees to supply, only as might be readily available, the following information: I. Background information on the project area includ- ing available reports, slides, and maps. D. The CONSULTANT shall devote the necessary reasonable time in the rendering of such services and documents as may be i required. E. The CONSULTANT shall provide its own office and work space. i III. COMPENSATION A. The CITY shall pay the CONSULTANT, as maximum compensa- tion for the professional services rendered, in an amount not to exceed Thirty -Six Thousand Dollars ($36,000). B. Such compensation shall be paid at the beginning of each month prior to services rendered on the following basis: $3,000 per month for first five months $15,000 $3,500 per month for remaining six months $21,000 These fees are to be based upon staff time needed to manage the account, and include counseling, coordination meetings, (including necessary luncheon meetings) development of all story materials and direct activity with local media and government. The CONSULTANT shall submit a monthly statement prior to the month in which professional services are rendered. C. The CITY shall have the right to review and audit the time records and related records pertaining to any payments by the CITY. 41 AV 3 ♦y f IV, REIMBURSEMENT OF EXPENSE A. The CITY shall reimburse the CONSULTANT as maximum repayment for expenses, pursuant to Article II hereof an amount not to exceed Seventy -Nine Thousand Five Hundred Dollars ($79,500). B. Anticipated expenses in excess of One hundred dollars ($100) shall receive prior written approval from the Deputy Director of the Department of Development or his designee. Expenses incurred without prior approval in excess of One Hundred dollars ($100) will not be reimbursed. C. Production costs will be defined as those costs requiring graphic design and layout and will be billed subject to a 17.65% service charge. All other expenses will be billed to the City at net cost to the CONSULTANT. All expenses shall be itemized, with copies of all invoices attached for each reimbursement requested. D. The CITY reserves the right to limit or expand the amount of funds available for expenses as funds are available and based upon the needs of the developers of the PROJECT. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordi- nances and codes of federal, state and local governments. V. GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Matthew Schwartz Deputy Director Department of Development City of Miami P.O. Box 330708 Miami, FL 33233-0708 CONSULTANT Gladys Kidd & Associates/ Nikki Beare & Associates 1450 Madruga, P.H. 402 Coral Gables, FL 33146 11416 - nvenient refer- B. Tile andw 'aragraph headings are fo ence and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached i documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unen- forceable under the laws of the State of Florida, or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS All documents developed by the CONSULTANT under this Agree - went shall be delivered to the CITY by said CONSULTANT upon com- pletion of the services required pursuant to paragraph II hereof and shall become the property of the CITY, without restriction or limitation on their use. The CONSULTANT agrees that all docu- ments maintained and generated pursuant to this contractual rela- tionship between the CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida 8 Statutes. It is further understood by and between the parties that any documents or objects which are given by the CITY to the CONSULT- ANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purpose whatsoever without the written consent of the CITY. B8f _ 9g B. Title andW aragraph headings are for nvenient refer- s ' ' ence and are not a part of this Agreement. t C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unen- forceable under the laws of the State of Florida, or the City of 141-ami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS All documents developed by the CONSULTANT under this Agree- ment shall be delivered to the CITY by said CONSULTANT upon com- pletion of the services required pursuant to paragraph II hereof and shall become the property of the CITY, without restriction or limitation on their use. The CONSULTANT agrees that all docu- ments maintained and generated pursuant to this contractual rela- tionship between the CITY and CONSULTANT shall be subject to all i provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any documents or objects which are given by the CITY to the CONSULT- ANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purpose whatsoever without the written consent of the CITY. S$6-95 V VII. NON-DELEGASILITY The obligations undertaken by the CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. The CONSULTANT agrees that there shall be no subcontracts in connection with the Agreement without the prior written approval of the CITY and that all such sub -contractors or assignees shall be governed by the terms and intent of this Agreement. Anyone hired by the CONSULTANT (subcontractor or any other expense) is solely the responsibility of the CONSULTANT. Nothing stated herein will create an obligation on the part 'of the CITY to compensate the subcontractor. VIII. AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT pertaining to any billings to the CITY for time or expenses at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. IX. AWARD OF AGREEMENT The CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agree- ment and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. XI. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. IN a t� i86-to# 4 XII. INDEMNIFICATION The CONSULTANT shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the CONSULTANT's activ- i ides under this Agreement, including all other acts or omissions to act of the CONSULTANT, including any person acting for or on its behalf, and from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or the investigation thereof. The CITY shall indemnify and save the CONSULTANT harmless from and against any and all claims, liabilties, losses, and causes of action which may arise out of information utilized by CONSULTANT that was provided by the CITY provided however that this information was previously reviewed for correctness and approved for the use contemplated by the Deputy Director of the 1 Department of Development or his designee and written evidence of such approval is acquired by the CONSULTANT. XIII. CONFLICT OF INTEREST The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connec- tion with this Agreement has any personal financial interest, direct or indirect, in the work product of this Agreement. The CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the CONSULTANT or its employees must be disclosed in writing to the CITY. The CON- SULTANT, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. The CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. 086 Zy t$ The CONSULTANT sha*. not represent anyone A has interest in developing or selling real estate in the Central Miami area with the exception of developers in the Phase I portion without prior authorization from the CITY. XIV. INDEPENDENT CONTRACTOR i The CONSULTANT and its employees and agents shall be deemed i to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights gener- ally afforded classified or unclassified employees; furthermore, its agents or employees shall not be deemed entitled to the Flor- ida Workers' Compensation benefits as an employee of the CITY. The CONSULTANT shall make no representation to others either orally or in writing without prior approval. from the Deputy Director of the Department of Development or his designee nor represent themselves to be an official spokesperson of the PROJECT. XV. TERMINATION OF AGREEMENT The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursu- ant to paragraph II hereof without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writ- ing to the CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of ter- mination. In no case, however, will the CITY pay the CONSULTANT i ( an amount in excess of the total sum provided by this Agreement. s It is hereby understood by and between the CITY and the CONSULTANT that any payment made in accordance with this Section to the CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If the CONSULTANT is in default, the CITY shall in no way be obligated and shall not pay to the CONSULTANT any sum whatsoever. XVI. NONDISCRIMINATION The CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, age, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be 4186-a8 subjected to dis •mination under any pr'~ am or activity a �- receiving federal financial assistance. XVII. MINORITY PROCUREMENT COMPLIANCE The CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. XVIII. CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XIX. DEFAULT PROVISION In the event that the CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, at its sole option and upon written notice to the CON- SULTANT, may cancel and terminate this Agreement, and all pay- ments, advances, or other compensation paid to the CONSULTANT by ` the CITY while the CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to the CITY. XX. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly set forth the rights, duties, and obligations of each jto the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. XXI. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. 106-gib FPF- i CITY OF MIAMI,` Municipal Corporation of the ATTEST: State of Florida By RATTY HIRAI CESAR H. ODIO CITY CLERK CITY MANAGER CONSULTANT: Gladys Kidd & Associates, Inc/ ATTEST: Nikki Beare & Associates, Inc By Corporate Secretary i CORPORATE SEAL i By Corporate Secretary APPROVED AS TO INSURANCE REQUIREMENTS: DIVISION OF RISK MANAGEMENT CORPORATE SEAL APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY City Attorney Is$m9%